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Department of the Army, U.S. Army Training Center Engineer and Fort Leonard Wood (Activity) and National Association of Government Employees, Local R14-32 (Union)

[ v06 p7 ] 06:0007(4)AR
The decision of the Authority follows:

6 FLRA No. 4
DEPARTMENT OF THE ARMY,
U.S. ARMY TRAINING CENTER
ENGINEERING AND FORT
LEONARD WOOD
Activity
and
NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES,
LOCAL R14-32
Union
Case No. O-AR-155
ORDER DISMISSING EXCEPTIONS
THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR WILLIAM STIX FILED BY THE UNION UNDER SECTION 7122(A) OF THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7122(A)).
FOR THE REASONS THAT FOLLOW, THE AUTHORITY IS WITHOUT JURISDICTION TO
REVIEW THE UNION'S EXCEPTIONS AND THEY ACCORDINGLY MUST BE DISMISSED.
SECTION 7122(A) OF THE STATUTE PROVIDES IN PERTINENT PART:
EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
AUTHORITY AN EXCEPTION TO
ANY ARBITRATOR'S AWARD PURSUANT TO THE ARBITRATION (OTHER THAN AN
AWARD RELATING TO A MATTER
DESCRIBED IN SECTION 7121(F) OF THIS TITLE).
AS RELEVANT TO THIS CASE, THE MATTERS DESCRIBED IN SECTION 7121(F) OF
THE STATUTE INCLUDE THOSE COVERED UNDER 5 U.S.C. 7512 WHICH, IN TURN,
SETS FORTH SPECIFIED ADVERSE ACTIONS INCLUDING REMOVALS. PURSUANT TO
SECTION7131(F), REVIEW OF AN ARBITRATION AWARD RELATING TO SUCH MATTERS
MAY BE OBTAINED IN ACCORDANCE WITH 5 U.S.C. 7703 WHICH PROVIDES FOR
JUDICIAL REVIEW OF FINAL DECISIONS OF THE MERIT SYSTEMS PROTECTION BOARD
AND UNDER SECTION 7121(F) APPLIES TO THE AWARD OF AN ARBITRATOR AS IF
THE MATTER HAD BEEN DECIDED BY THAT BOARD.
IN ITS EXCEPTIONS TO THE AWARD IN THIS CASE, THE UNION CONCEDES THAT
THE "AWARD INVOLVES THE REMOVAL OF AN EMPLOYEE," A MATTER SET FORTH IN 5
U.S.C. 7512. NEVERTHELESS, THE UNION MAINTAINS THAT THE AUTHORITY IS
NOT PRECLUDED FROM PROCESSING ITS EXCEPTIONS BECAUSE THE ARBITRATOR'S
AWARD DOES NOT ADDRESS THE MERITS OF THE GRIEVANT'S REMOVAL BUT INSTEAD
ONLY ADDRESSES PRELIMINARY PROCEDURAL QUESTIONS. IN THIS RESPECT, THE
ARBITRATOR DETERMINED THAT THE ACTIVITY'S REMOVAL ACTION WOULD NOT BE
CONSIDERED PROCEDURALLY DEFICIENT AS UNTIMELY. THE ARBITRATOR ALSO
ORDERED THE GRIEVANCE REMANDED TO STEP 3 OF THE GRIEVANCE PROCEDURE
BECAUSE ORIGINALLY THE UNION HAD ONLY ARGUED PROCEDURAL MATTERS AT THAT
STEP, AND HE RETAINED JURISDICTION TO HEAR THE MERITS OF THE GRIEVANCE
IF NECESSARY. THE UNION'S EXCEPTIONS TO THE AWARD PERTAIN TO THE
ARBITRATOR'S REFUSAL TO OVERTURN THE GRIEVANT'S REMOVAL AS PROCEDURALLY
DEFICIENT, AND THE RELIEF REQUESTED IS THAT THE AUTHORITY REVERSE THE
GRIEVANT'S REMOVAL.
THE AUTHORITY FINDS THAT THIS AWARD, BY RESOLVING THE MATTER OF THE
PROCEDURAL SUFFICIENCY OF THE GRIEVANT'S REMOVAL AND AS TO WHICH THE
UNION SEEKS TO HAVE THE AUTHORITY REVERSE THAT REMOVAL, RELATES TO A
MATTER COVERED BY 5 U.S.C. 7512 AND THEREFORE IS AN AWARD AS TO WHICH
EXCEPTIONS MAY NOT BE FILED WITH THE AUTHORITY UNDER SECTION 7122(A) OF
THE STATUTE AND SECTION 2425.3(B)(2) OF THE AUTHORITY'S RULES AND
REGULATIONS (5 CFR 2425.3(B)(2)). CONSEQUENTLY, THE AUTHORITY HAS NO
BASIS ON WHICH TO REVIEW THE ARBITRATOR'S AWARD.
ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, THE UNION'S
EXCEPTIONS ARE ORDERED DISMISSED.
ISSUED, WASHINGTON, D.C., JUNE 2, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY